Need for Anti-Surveillance Laws

What is the issue?

A range of measures for surveillance by various government departments suggest a declining nature of privacy.

What are the noteworthy proposals?

• MHA - The latest is the home ministry’s (MHA) step to create a centralised database of fingerprints. Click here to know more
• It aims at linking all police stations and state fingerprint databases across India to CCTNS.
• Reportedly, MHA is also repeatedly asking for access to the Unique Identification Authority of India's (UIDAI) biometric database.
• It contains the data for over one billion citizens.
• SEBI - A panel set up by the Securities and Exchange Board of India has recently recommended some powers for SEBI.
• It provides for the market regulator to wiretap and record phone calls.
• This is in order to enhance SEBI's ability to monitor insider trading.
• Internet - The Netra (Network Traffic Analysis) system for internet monitoring has been operational for several years.
• But its exact capabilities are unknown since it is shielded from the Right to Information Act owing to security implications.
• Social Media - The government is considering creating a social media monitoring hub.
• This is to enable “360-degree monitoring” of the social media activity of netizens.
• This was put on hold only after the Supreme Court observed that it would be “like creating a surveillance state”.

• Bill - The draft legislation of the Personal Data Protection Bill 2018 was recently given by the Srikrishna Committee.
• It gives wide powers to the government to collect and process data in order to exercise the functions of the state.
• Notably the powers can be used, without taking the consent of citizens.
• So there is a concern that it does little to limit the powers of government agencies.

What are the concerns?

• The steps lead to apprehensions of India becoming a surveillance state with unchecked and growing powers to spy on citizens.
• Also, the SC's judgment recognising the right to privacy as a fundamental right is being undermined in practice.
• There is thus a need for specific laws limiting the surveillance powers of governments.
• The legal checks are more crucial with technological advancements making surveillance systems even more invasive.

Source: Business Standard